File #: 18-1802    Version: Name: Ordinance: Amending Title 41, Chapters 1-5 to create an MX-3 Zone
Type: Ordinance Status: Adopted
File created: 11/19/2018 In control: Economic and Housing Development
On agenda: 11/27/2018 Final action: 1/9/2019
Title: ORDINANCE AMENDING TITLE XLI, CHAPTERS 1 THROUGH 5, NEWARK ZONING AND LAND USE REGULATIONS AND NEWARK ZONING MAPS OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY CREATING AN MX-3 ZONE, WHICH WILL ALLOW A BLEND OF HIGH DENSITY RESIDENTIAL AND COMMERCIAL USES. PUBLIC HEARING TO BE HELD ON DECEMBER 11, 2018 Deferred 6PSF-h 120518 Deferred 6PSF-b (s) 121118 PUBLIC HEARING TO BE HELD ON JANUARY 9, 2019
Sponsors: Council of the Whole
Code sections: 41: - Title 41, Zoning & Land Use Regulations
Related files: 19-0002, 17-1437, 18-1727
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
1/9/20192 Municipal Council Close on Public Hearing and AdoptPass Action details Meeting details Video Video
12/19/20181 Municipal Council Motion to AmendPass Action details Meeting details Video Video
12/19/20181 Municipal Council Maintained on Public Hearing and Adopted as AmendedPass Action details Meeting details Video Video
12/11/20181 Municipal Council Maintained on Public Hearing and DeferredPass Action details Meeting details Video Video
12/5/20181 Municipal Council Maintained on Public Hearing and Deferred to Special MeetingPass Action details Meeting details Video Video
11/27/20181 Municipal Council Advance and Adopt on First Reading as 6F-Pass Action details Meeting details Video Video

Title

ORDINANCE AMENDING TITLE XLI, CHAPTERS 1 THROUGH 5, NEWARK ZONING AND LAND USE REGULATIONS AND NEWARK ZONING MAPS OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY CREATING AN MX-3 ZONE, WHICH WILL ALLOW A BLEND OF HIGH DENSITY RESIDENTIAL AND COMMERCIAL USES.

PUBLIC HEARING TO BE HELD ON DECEMBER 11, 2018

Deferred 6PSF-h 120518

Deferred 6PSF-b (s) 121118

PUBLIC HEARING TO BE HELD ON JANUARY 9, 2019

 

 

body

 

WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-62, may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon; and

 

                     WHEREAS, the Municipal Council of the City of Newark is proposing an Ordinance to amend the Newark Zoning and Land Use Regulations (NZLUR), Title XLI of the Municipal Code.  This Ordinance proposes the establishment of a new zone, the MX-3 Mixed Use Residential/Commercial (High Density) District.                                               

 

                     NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

SECTION 1: Title 41, Chapters 1 through 5 of the City of Newark Municipal Code are hereby amended as follows:

 

Bold and underlined is new text not present in the current zoning ordinance.

Strike through is text deleted from the current zoning ordinance.

 

Chapter 1. Purpose & Intent Introduction

41:1-2. Introduction to Zones Zoning Districts

 

 

MX-3                     Mixed-Use 3: Residential & Commercial (High Density)

 

Mixed Use 3: Residential & Commercial (MX-3) zoning allows for a blend of high density residential and commercial uses in the same building or district, within a half (1/2) mile from Newark Penn Station. It builds upon Newark’s strength as a multimodal transportation hub to support the Downtown Core District, expand housing and economic opportunities along the area’s major streets and transportation corridors and protect adjacent low-density neighborhoods. It promotes a walkable neighborhood with a vibrant commercial/retail zone. The district’s bulk standards allow taller buildings - up to one hundred forty-five (145) feet high with a minimum lot area per dwelling unit of two hundred (200) square feet.

 

Commercial development in MX-3 zones allows for ground-floor commercial use with commercial or residential uses above.

 

MX-3 zoning is applied in areas where there is some existing mix of residential, commercial and industrial uses, such as along Lafayette Street, Union Street and Ferry Street and in under-utilized areas near Newark Penn Station where the predominant use is surface parking, such as along New Jersey Railroad Avenue, Bruen Street, McWhorter Street, Prospect Street and Congress Street. 

 

Learn more about the specific uses that are permitted and prohibited in MX-3 zones in Section 41:4-4. Permitted Uses in Mixed-Use and Other Districts.

 

Learn more about the size and design of buildings permitted in MX-3 zones in Section 41:5-2. General Bulk and Design Standards.

Chapter 2. Definitions

 

Artisans and Craft Workspace shall mean space for skilled craft workers, who create things by hand that may be functional or decorative in nature, including, but not limited to: art, furniture, sculptures, clothing and jewelry. The display and sale of these crafts is permitted as an accessory use.

 

Active Ground Floor Uses shall mean retail, cultural venue, artisans and craft workspaces, live-work units, makers spaces, recreation rooms, entertainment venues, fitness rooms, production areas, and workshops.

 

Brewery, Limited shall mean a commercial facility, which shall not sell or serve food or operate a restaurant, which brews any malt alcoholic beverage in quantities for which it is licensed by the Alcoholic Beverage Commission pursuant to N.J.S.A. 33:1-10.  The limited brewery may sell the product at retail to consumers on the licensed premises of the brewery for consumption on the premises, but only in connection with tours of the brewery, or for consumption off premises in a quantity of not more than 15.5 fluid gallons per person, and to offer samples for sampling purposes only. "Sampling" shall mean the selling at a nominal charge or the gratuitous offering of an open container not exceeding four ounces of any malt alcoholic beverage produced on the premises. In addition, uses which manufacture 10,000 barrels of beverage or less, but do not meet the one or more requirements of N.J.S.A 33:1-10 and N.J.S.A 33:1-12, shall be considered as limited brewery.

 

Brewery, Restricted shall mean a commercial establishment, commonly known as Brewpub, that brews any malt alcoholic beverage on site and that meets the requirements of N.J.S.A. 33:1-10 and N.J.S.A 33:1-12. The restricted brewery shall operate in conjunction with a “Sit-Down Restaurant”, as defined herein. The restricted brewery may not manufacture more than ten thousand (10,000) of thirty-one (31) gallons capacity per year. The restricted brewery may sell, transport and deliver malt alcoholic beverages to wholesalers licensed in accordance with N.J.S.A. 33:1-10.

 

Commercial Recreation, Small Scale shall mean a building used for recreational purposes and operated as a business and open to the public for a fee, including, but not limited to karate or martial arts studios, dance studios, music instruction, bowling alleys, indoor play areas, recreation centers, and arcades. Facilities larger than three thousand (3,000) square feet shall be considered “Commercial Recreation, Large Scale”.

 

Commercial Recreation, Large Scale shall mean a building, group of buildings or outdoor facilities used for recreational purposes and operated as a business and open to the public for a fee, including but not limited to skating and roller rinks, go-cart raceway, bowling alleys, pool and billiard halls, indoor batting cages, rock climbing, indoor play areas, sports fields, recreation centers, and indoor swimming pools or tennis courts, arcades, paintball and laser tag.

 

Living Wall or Green Wall shall mean a wall covered with greenery and vegetation that may include a growing medium, such as soil or a substrate.

 

 

Height of Building - measured to the highest point of the roof from the mean elevation of the finished grade from all exterior walls shall mean the vertical distance measured from the mean elevation of the finished grade from all exterior walls to the highest point of the roof.

 

Live-Work Unit (Non-Nuisance Producing) shall mean a dwelling unit where the living space is separated from the work space. The work space shall be located on the street level and the living space may be located on the street level (behind the work component) or on any other level of the building above the basement. A minimum of one (1) residential unit in a building with live-work use shall be occupied by the person operating the street-level business. 

The work use shall not be incidental to the dwelling unit, non-resident employees may be present on the premises and customers may be served on site.

Live/work space, includes, but is not limited to: customary home occupations; retail sales; photographic studio; studio for arts, crafts, writing, acting, advertising, industrial design, media facility, architecture, interior design, recording studio; theater, film or video production; gallery, auction house, set shop; lighting, engineering, or musical instrument manufacturing; sheet music printing, framing, arts supply, arts restoration, and neighborhood light manufacturing uses.

 

Makers Space shall mean a building with multiple live-work spaces producing retail goods (NOT services), that may contain a shared retail sales space located on the street level of the building. The building may also contain rooms for common workshop space, containing tools and equipment to be shared among building residents. This common workshop shall not include and must be separate and apart from any residential unit.

In the case of a makers space, each live-work unit may combine the “work” and “live” components into a single combination workspace/dwelling unit.

All final sales of goods must be confined to the first-floor retail area. Customers may only be served in this first-floor space. The first floor area may also contain a workshop space where residents of the building can hold demonstration workshops or host other events of an educational nature.

 

Shared Kitchen shall mean any establishment that is used as a place of business for the exclusive or primary purpose of utilizing, leasing or renting its commercial kitchen space to individuals, or business entities, for food preparation, temporary extra production capacity, menu planning, training, taste testing, product development, food packaging, food storage or any other food-related purpose; and is licensed as per any applicable local, state or federal law.

 

Usable roof area shall mean the roof area excluding roof area covered by heating, electric and mechanical equipment, solar energy panels, skylights and any other similar appurtenances.

 

 

 

Chapter 3. Zoning Districts

 

401:3-1. Establishment of zZoning dDistricts

For the purpose of limiting and restricting to specified districts, and regulating therein buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the use of land, and to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use and extent of use of buildings and structures and land, for trade, industry, residence or other purposes excluding municipally owned and operated or municipally operated buildings and related premises used for governmental purposes, the City of Newark is hereby divided into districts, of which there shall be twenty-two (22) in number, as more specifically set forth in the zoning map annexed as Exhibit E:

 

R-1                                          Detached Single-Family Residential

R-2                                          Single- and Two-Family Residential

R-3                                          One- to Three-Family and Town House Residential

R-4                                          Low-Rise Multifamily Residential

R-5                                          Mid-Rise Multifamily Residential

R-6                                          High-Rise Multifamily Residential

C-1                                          Neighborhood Commercial

C-2                                          Community Commercial

C-3                                          Regional Commercial

I-1                                          Light Industrial

I-2                                          Medium Industrial

I-3                                          Heavy Industrial

MX-1                                          Mixed Use, Residential/Commercial

MX-2                                          Mixed Use, Residential/Commercial/Industrial

MX-3                                          Mixed Use, Residential/Commercial (High Density)

EWR                                          Airport

EWR-S                     Airport Support

PORT                     Port

INST                                          Institutional

PARK                     Park

CEM                                          Cemetery

RDV/SD          Redevelopment Zones and Special Districts

 

 

Chapter 4: Permitted Uses by District

 

401:4-4. Permitted Uses in Mixed-Use and Other Districts

Table 4-4: Mixed-Use & Other Districts

P = Permitted          - = Not Permitted          C = Conditional Use Only Any use not listed below is also prohibited

 

MX-1

MX-2

MX-3*

INST

PARK

CEM

Principal Uses

Single-Family Dwelling

P

P

-

-

-

-

Two-Family Dwelling

P

P

-

-

-

-

Three-Family Dwelling

P

P

-

-

-

-

Town House, Dwelling

P

P

-

P

-

-

Low-Rise Multi-Family Dwellings

P

P

P

P

-

-

Mid-Rise Multi-Family Dwellings

-

-

P

P

-

-

High-Rise Multi-Family Dwellings

-

-

P

-

-

-

Artisans and Craft Workspace

-

P

P

-

-

-

Artist Live/Work Studio (Nuisance Producing)

-

C

-

-

-

-

Active Recreation Park

P

P

P

P

P

-

Animal Boarding or Kennel, Animal Shelter, Pound

-

C

-

-

-

-

Animal Daycare, Animal Grooming

C

C

C

-

-

-

Automobile Repair and Tire Repair

-

P

-

-

-

-

Bar/Lounge, Cigar or Hookah (See Section 401:4-6. Additional Standards)

-

-

-

-

-

-

Bars, Taverns, Lounges

C

C

C

-

-

-

Body Art Studio

-

C

-

-

-

-

Brewery, Limited

-

P

P

-

-

-

Brewery, Restricted

P

P

P

-

-

-

Business, Specialized or Vocational Schools

-

P

P

-

-

-

Cemeteries (See Section 401:4-6. Additional Standards)

-

-

-

-

-

P

Child Care Center/Adult Day Care

P

P

P

P

-

-

Colleges and Universities

-

-

-

P

-

-

Commercial Recreation, Large Scale

-

P

P

-

-

-

Commercial Recreation, Small Scale

P

P

P

-

-

-

Community Centers

P

P

P

P

-

-

Community Gardens

P

P

-

P

P

-

Consignment Store

P

P

P

-

-

-

Consumer Repair Services

P

P

P

-

-

-

Convenience Retail (permitted on ground floor only)

P

P

P

P

-

-

Data Center

-

P

P

-

-

-

Dormitory

-

-

-

P

-

-

Dry Cleaning and Laundry Establishment

C

C

C

C

-

-

Emergency Food Distribution Center, Food Pantry & Soup Kitchen

C

C

-

-

-

-

Finance, Insurance, Real Estate, or Securities Brokerage Consumer Services

P

P

P

-

-

-

Fish, Meat and Poultry Markets

P

P

P

-

-

-

Fitness Centers

P

P

P

P

-

-

Fresh Food Market

P

P

P

P

-

-

Funeral Home or Mortuary

C

C

-

-

-

-

Government (Non-Municipal) Uses

-

P

P

P

-

-

Homeless Shelter

C

C

-

C

-

-

Hospital or Medical Institution

-

-

-

P

-

-

*In MX-3, for residential and commercial uses, building height shall not exceed 145 feet, inclusive of structured parking. For properties bordering on Ferry Street, no portion of any building within 100 feet of Ferry Street shall exceed 5 stories or 60 feet.  All dwelling units fronting on Ferry Street shall be located above ground floor retail, office or service use.

 

Table 4-4: Mixed-Use & Other Districts

P = Permitted          - = Not Permitted          C = Conditional Use Only Any use not listed below is also prohibited

 

MX-1

MX-2

MX-3

INST

PARK

CEM

Principal Uses (continued)

Hotels (See Section 401:4-6. Additional Standards)

-

-

P

-

-

-

Laundromat

P

P

P

-

-

-

Live-Work Unit (Non Nuisance Producing)

-

-

P

-

-

-

Makers Space

-

-

P

-

-

-

Manufacturing, Light

-

P

P

-

-

-

Massage Facilities

C

C

C

-

-

-

Medical Clinic or Emergency Care Facility

-

P

P

-

-

-

Medical Offices

P

P

P

-

-

-

Methadone Maintenance Clinic

-

C

-

-

-

-

Municipal Uses

P

P

P

P

-

-

Museums

-

-

-

P

-

-

Offices

P

P

P

P

-

-

Passive Recreation Park

P

P

P

P

P

-

Personal Service Establishment

P

P

P

-

-

-

Places of Worship

C

C

C

C

-

-

Primary and Secondary Schools

C

C

C

C

-

-

Private Clubs (See Section 401:4-6. Additional Standards)

C

-

C

-

-

-

Recycling Center

-

C

 

-

-

-

Resale or Thrift Shop

C

C

C

-

-

-

Research and Development

-

P

P

P

-

-

Retail Sales, General Consumer Goods

P

P

P

P

-

-

Shared Kitchen

P

P

P

P

-

-

Sit-Down Restaurant

P

P

P

-

-

-

Substance Abuse Treatment Center

-

C

-

-

-

-

Supermarket

P

P

P

-

-

-

Take-Out Restaurant

P

P

P

-

-

-

Theater

-

-

P

P

-

-

Veterinary Clinic, Office or Hospital

-

C

C

-

-

-

Warehousing, Wholesaling and Distribution

-

P

-

-

-

-

Wholesale Bakeries

-

P

-

-

-

-

 

Table 4-4: Mixed-Use & Other Districts

P = Permitted          - = Not Permitted          C = Conditional Use Only Any use not listed below is also prohibited

 

MX-1

MX-2

MX-3

INST

PARK

CEM

Accessory Uses

Automotive Lifts (See Section 401:4-6. Additional Standards)

-

P

-

P

-

-

Child Care Center/Adult Day Care

P

P

P

P

-

-

Coldframe

P

P

-

P

P

-

Columbarium

-

-

-

-

-

P

Composting (See Section 401:4-6. Additional Standards)

P

P

-

P

P

P

Crematorium, Animal

-

-

-

-

-

C

Crematorium, Human

-

-

-

-

-

C

Donation Bin (See Section 401:4-6. Additional Standards)

P

P

-

P

-

-

Emergency Food Distribution Center, Food Pantry & Soup Kitchen

C

C

C

-

-

-

Farm Stand

P

P

P

P

-

-

Greenhouse

P

P

P

P

P

-

Home Occupation (See Section 401:4-6. Additional Standards)

P

-

P

-

-

-

Home Professional Offices

C

C

C

-

-

-

Hoophouse

P

P

P

P

P

-

Maintenance Buildings

-

-

-

P

P

P

Massage Facilities

C

C

C

-

-

-

Mausoleum

-

-

-

-

-

P

Mausoleum, Family

-

-

-

-

-

P

Offices

P

P

P

P

-

P

Outdoor storage, Portable Storage Units

-

C

-

C

-

C

Parking, Structured*

P

P

P

-

-

-

Parking, Garage, Private Residential

P

P

-

-

-

-

Place of Worship

-

-

-

-

-

P

Sidewalk Café (accessory to permitted restaurant only, see Section 401:4-6. Additional Standards)

P

P

P

P

-

-

Solar Energy Systems

C

C

C

C

-

C

Solar Energy System, Residential Roof Mounted (See Section 41:4-6. Additional Standards)

P

P

P

P

-

-

Tombstones and Monuments

-

-

-

-

-

P

Wind Energy Systems, Small

C

C

C

C

C

C

*In MX-3 Structured Parking shall not exceed two(2) stories in height, and total building height shall not exceed 145 feet.

 

401:5-1. Permitted Building Types by Zoning District

 

Table 5.1. Building tTypes pPermitted by zZone

P = permitted, see Bulk & Design requirements Note: This table pertains only to building design requirements and not permitted uses.  For permitted uses, see Chapter 4: Permitted Uses by District

BUILDING TYPE

R1

R2

R3

R4

R5

R6

C1

C2

C3

I1

I2

I3

MX-1

MX-2

MX-3*

INST

EWR-S

RESIDENTIAL

One-family

P

P

P

P

 

 

 

 

 

 

 

 

P

P

 

 

 

Two-family

 

P

P

P

 

 

 

 

 

 

 

 

P

P

 

 

 

Three-family

 

 

P

P

 

 

 

 

 

 

 

 

P

P

 

 

 

Townhouse

 

P

P

P

 

 

 

 

 

 

 

 

P

P

 

P

 

Low-rise multifamily & Four-family

 

 

 

P

P

P

P

 

 

 

 

 

P

P

P

P

 

Mid-rise multifamily

 

 

 

 

P

P

 

 

 

 

 

 

 

 

P

P

 

High-rise multifamily

 

 

 

 

 

P

 

 

 

 

 

 

 

 

P

 

 

COMMERCIAL

Ground-floor commercial with commercial or residential above

 

 

 

P

P

P

P

P

P

 

 

 

P

P

P

P

 

Detached commercial

 

 

 

 

 

 

 

 

P

P

 

 

P

P

P

 

P

INDUSTRIAL

 

 

 

 

 

 

 

 

 

P

P

P

 

P

 

 

P

CIVIC/INSTITUTIONAL

University

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Hospital or Medical Institution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

Schools (Elementary, Middle, High Schools)

 

P

P

P

P

P

P

P

P

 

 

 

P

 

 

P

 

Place of Worship

 

P

P

P

P

P

P

P

P

P

 

 

P

P

 

P

 

Community Center, Stand-Alone Daycare or Preschool in a Non-residential Area, and other Civic Buildings

 

 

 

P

P

P

P

P

P

 

 

 

P

P

P

P

 

*In MX-3, for residential and commercial uses, building height shall not exceed 145 feet, inclusive of structured parking. For properties bordering on Ferry Street, no portion of any building within 100 feet of Ferry Street shall exceed 5 stories or 60 feet.  All dwelling units fronting on Ferry Street shall be located above ground floor retail, office or service use.

 

Table 5. 32. General Bulk & Design Standards

 

Min Lot Size for Subdivision

Min Lot Width for Subdivision

Max Building Height

Front Yard

Side Yard

Min Rear Yard

Min Lot Area per Dwelling

Max Lot Coverage by Building

Low-rise multifamily dwellings  For accessory buildings in residential districts see Note 7 in this Chapter  In C-1 and MX-3 Zone: for low-rise multifamily with active ground floor, use Ground-floor commercial with commercial or residential above standards.

10000 square feet

100 feet

4 stories and 48 feet  For towers, cupolas, and other elements of architectural character, see Note 1 in this Chapter. 

Front setback shall match the shorter front setback of the two closest principle principal buildings on each side of the project site on the same block as the site or 6 feet if no prevailing setback.  Regarding exceptions for bay windows, balconies, stoops, porches, and other elements of architectural character, see Note 2 in this Chapter.  For through lots, see Note 3 in this Chapter.  For corner lots, see Note 4 in this Chapter. 

5 feet Minimum  For party walls and other exceptions, see Note 5 in this Chapter. 

30 feet 

625 SF/du 

66% 

 

Mid-rise multifamily Dwellings  For accessory buildings in residential districts see Note 7 in this Chapter  In MX-3 Zone: for mid-rise multifamily with active ground floor, use Ground-floor commercial with commercial or residential above standards.10000 square feet100 feet8 stories and 96 feet  For towers, cupolas, and other elements of architectural character, see Note 1 in this Chapter.  Front setback shall match the shorter front setback of the two closest principle principal buildings on each side of the project site on the same block as the site or 6 feet if no prevailing setback.  Regarding exceptions for bay windows, balconies, stoops, porches, and other elements of architectural character, see Note 2 in this Chapter.  For through lots, see Note 3 in this Chapter.  For corner lots, see Note 4 in this Chapter.   5 feet minimum  For party walls and other exceptions, see Note 5 in this Chapter.  30 feet  350 SF/du   60% 

 

 

 

 

 

 

 

 

 

 

Table 5. 32. General Bulk & Design Standards

 

Max Impervious (Paved) Yard Area

Min Building Transparency

Orientation of primary entrance

Active Ground Floor Requirements

Low-rise multifamily dwellings  For accessory buildings in residential districts see Note 7 in this Chapter

Front Yard: 55% Rear Yard: 30% 

Primary Front Façade: 50%  Secondary Street-Facing Side Facade & Rear Façades: 35%  Non-Street-Facing Façades: 20% or the maximum allowed by construction code, whichever is greater.  All transparent glazing areas on door panels count towards this requirement, but door panels themselves do not count towards this requirement.  If there is retail, office or personal services on the ground floor between zero (0) and 14 feet, the front façade must have 65% transparency. 

Primary street-facing façade must include primary entrance.  All units must be accessible from front or side façade.  Rear primary entrances are prohibited.  If there is one or more units of retail, office, or personal services on the ground floor between zero (0) and 14 feet, each unit must have its own primary entrance on the street-facing façade.

If there is one or more units of retail, office or personal services on the ground floor, the ground floor shall have a 14 feet max min. floor-to-floor height. 

 

Mid-rise multifamily dwellings Front Yard: 55% Rear Yard: 30%  Primary Front Façade: 50%  Secondary Street-Facing Side Facade & Rear Façades: 35%  Non-Street-Facing Façades: 20% or the maximum allowed by construction code, whichever is greater.  All transparent glazing areas on door panels count towards this requirement, but door panels themselves do not count towards this requirement.  If there is retail, office or personal services on the ground floor between zero (0) and 14 feet, the front façade must have 65% transparency.  Primary street-facing façade must include primary entrance.  All units must be accessible from front or side façade.  Rear primary entrances are prohibited.  If there is one or more units of retail, office, or personal services on the ground floor between zero (0) and 14 feet, each unit must have its own primary entrance on the street-facing façade.If there is one or more units of retail, office or personal services on the ground floor, the ground floor shall have a 14 feet max min.  floor-to-floor height. 

 

 

 

 

 

Table 5. 32. General Bulk & Design Standards

 

Min Lot Size for Subdivision

Min Lot Width for Subdivision

Max Building Height

Front Yard

Side Yard

Min Rear Yard

Min Lot Area per Dwelling

Max Lot Coverage by  Building

High-rise multifamily Dwellings in all permitted zones with the exception of MX-3                 In MX-3 Zone: for high-rise multifamily with active ground floor, use Ground-floor commercial with commercial or residential above standards.

10000 square feet

100 feet

10 stories and 120 feet  An additional 1 story per 12 feet of height shall be permitted for each additional 1,000 SF of lot area up to 20,000 SF, for a maximum height of 20 stories and 243 feet     

Front setback shall match the shorter front setback of the two closest principle principal buildings on each side of the project site on the same block as the site or 6 feet if no prevailing setback.  Regarding exceptions for bay windows, balconies, stoops, porches, and other elements of architectural character, see Note 2 in this Chapter.  For through lots, see Note 3 in this Chapter.  For corner lots, see Note 4 in this Chapter. 

10 feet minimum   

30 feet  

300 SF/du 

60% 

Ground-floor commercial with commercial or residential above  *For ground-floor commercial with commercial or residential above in residential districts, see the following standards:  In R-4 - low-rise multifamily.  In R-5 - mid-rise multifamily.  In R-6 - high-rise multifamily.

3,500 square feet  In MX-3: 10,000 square feet

35 feet   In MX-3: 100 feet

In C1 district: 4 stories and 48 feet  In C2 district: minimum 2 stories and maximum 5 stories and 60 feet  In C3 and INST districts: 8 stories and 96 feet  In MX-1 & and MX-2 districts: 4 stories and 48 feet.   In MX-3 districts:  In MX-3, building height shall not exceed 145 ft. . A 10-foot setback is required after 8 stories or 96 feet along all front street facing facades.

Minimum: 0 feet Maximum: 5 feet  In MX-3: Front setback shall match the shorter front setback of the two closest principal buildings on each side of the project site on the same block as the site or 6 feet if no prevailing setback.  Regarding exceptions for bay windows, balconies, stoops, porches, and other elements of architectural character, see Note 2 in this Chapter.  For through lots, see Note 3 in this Chapter.  For corner lots, see Note 4 in this Chapter.

0 feet minimum and maximum  In MX-3: 5 feet minimum for buildings up to 8 stories and 10 feet minimum for buildings more than 8 stories tall.

Abutting a residential district or residential use: 25 feet  Abutting a non-residential district: 20 feet 

In C1, MX-1, and MX-2 districts: 580 SF/du  In C2 district: 340 SF/du  In C3 and INST districts: 310 SF/du  In MX-3 zone: 200 SF/du; 150 SF/du if 50% of the total units are 1 bedroom and/or studio units;  130 SF/du if 75% of the total units are 1 bedroom and /or studio units.

80%  In MX-3 zone: 85%

 

 

 

Max Impervious (Paved) Yard Area

Min Building Transparency

Orientation of primary entrance

Active Ground Floor Requirements

High-rise multifamily 

Front Yard: 55% Rear Yard: 30% 

Primary Front Façade: 50% 40% in MX-3  Secondary Street-Facing Side Facade & Rear Façades: 35%  Non-Street-Facing Façades: 20% or the maximum allowed by construction code, whichever is greater.  All transparent glazing areas on door panels count towards this requirement, but door panels themselves do not count towards this requirement.  If there is retail, office or personal services on the ground floor between zero (0) and 14 feet, the front façade must have 65% transparency. 

Primary street-facing façade must include primary entrance.  All units must be accessible from front or side façade.  Rear primary entrances are prohibited.  If there is one or more units of retail, office, or personal services on the ground floor between zero (0) and 14 feet, each unit must have its own primary entrance on the street-facing façade.

If there is one or more units of retail, office or personal services on the ground floor, the ground floor shall have a 14 feet max min.  floor-to-floor height. 

Ground-floor commercial with commercial or residential above

Front Yard: n/a Rear Yard: 50%  In MX-3 zone: Front Yard: 55% Rear Yard: 30%

Ground-level street-facing façade below 14 feet in height: 65%  Ground-level windows must allow views of indoor non-residential space or product display areas.  Corner uses having frontage on two streets shall meet this requirement for each of the street frontages.  Primary Front Façade (excluding ground-level façade): 40% in MX-3 and 50% in all other zoning districts  Street-Facing Side & Rear Façades: 35%  Non-Street-Facing Walls:15%  All transparent glazing areas on door panels count towards this requirement, but door panels themselves do not count towards this requirement.  Reflective, mirrored, smoked and dark tinted glass are prohibited on façades facing a public street. 

Primary street-facing façade must include primary entrance.  Buildings may have more than one principal façade and/or entry.  Entries to non-residential uses shall have their own individual entrance from a sidewalk or walkway; mall-style interior retail entrances are prohibited. 

Ground floor shall have a 14 feet min floor-to-floor height.  In MX-3 zone: Active ground floor with active streetfront design required for all building frontages.

Note: In MX-3 additional sustainably standards shall apply, see section 41:5-3.

41:5-3: Additional sustainability standards for MX-3.

The following standards shall apply for building over eight (8) stories high:

1.                     Provide open spaces (greens, squares, plazas, courts and pocket parks/playgrounds) equal to ten percent (10%) of total lot area or ten percent (10%) of the ground-floor floor area whichever is greater on the site, with public access directly from the sidewalk at ground level or from the public right of way. Open space must meet landscaping and other design requirements as listed in this ordinance.

2.                     Provide green roof equal to fifty percent (50%) or more of the total Usable Roof Area including both principal and accessory structures.

3.                     Provide a Living Wall or Green Wall equal to 300 square feet or more.

4.                     Install appropriate gray water recycling system so that onsite gray water is reused for landscaping maintenance and other non-potable systems.

5.                     Incorporate additional on-site stormwater management measures and Low Impact Development (LID) strategies, that reduces stormwater flow generated from proposed development, including all proposed graded and fill areas, by fifty percent (50%) or greater. The plans must provide calculations showing stormwater runoff rates of development with the new stormwater management measures and without them.

6.                     All new electrical or electronic appliances provided by the developer, owner or management Company shall meet Energy Star compliant requirements.

7.                     Provide one (1) bicycle parking space for every five (5) residential units.

8.                     Provide one (1) electric vehicle charging station for every ten (10) parking spaces.

 

      List of Attached Exhibits

1)                     Exhibit A - Map 1: Rezoning Boundary

2)                     Exhibit B - Map 2: Existing Zoning

3)                     Exhibit C - Map 3: Proposed Zoning

4)                     Exhibit D - Map 4: Existing Land Uses (Newark Master Plan)

5)                     Exhibit E - Map 5: Proposed Land Uses

 

SECTION 2:

 

Severability:  If any Section, Subsection, sentence, clause, phrase or portion of these Chapters are for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

 

SECTION 3: 

 

Repealer:  All ordinances or parts of ordinances inconsistent herewith are repealed as to such inconsistencies.

 

SECTION 4: 

 

This ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.

 

 

STATEMENT

 

This Ordinance amends and supplements the City of Newark’s Zoning and Land Use Regulations Ordinance and Newark Zoning Maps, Title XLI, Chapters 1 through 5, to create an MX-3 Zone, which will allow a blend of high density residential and commercial uses.